IN THE MATTER OF SAMUEL WALTON V JOHN COLVIN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY AND ANTHONY ANNUCCI
Motion No: TP 16-00103
Slip Opinion No: 2016 NY Slip Op 68889(U)
Decided on March 28, 2016
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


March 28, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. TP 16-00103

IN THE MATTER OF SAMUEL WALTON, PETITIONER,

V

JOHN COLVIN, SUPERINTENDENT, FIVE POINTS CORRECTIONAL

FACILITY AND ANTHONY ANNUCCI, COMMISSIONER, NEW YORK STATE

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,

RESPONDENTS.


Petitioner having moved for an extension of time to file and serve a brief on this CPLR article 78 proceeding transferred to this Court by an order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on January 19, 2016,

Now, upon reading and filing the affidavit of Samuel Walton sworn to February 26, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and petitioner's briefs are accepted for filing, and

It is further ORDERED that respondents' briefs shall be filed and served on or before May 2, 2016, and the Clerk is directed to accept the briefs for filing.

Entered: March 28, 2016

Frances E. Cafarell, Clerk